Image of SOX Whistleblower Lawyer Co-Authors ABA Paper About Sarbanes-Oxley Whistleblower Protection

SOX Whistleblower Lawyer Co-Authors ABA Paper About Sarbanes-Oxley Whistleblower Protection


Sarbanes-Oxley Whistleblower Lawyer

SOX whistleblower lawyer Jason Zuckerman co-authored the 2016 Annual Update on the Whistleblower Provisions of SOX for the Midwinter Meeting of the ABA Section of Labor and Employment Law Committee on Federal Labor Standards Legislation.  Zuckerman has been a contributing author of this annual update on Sarbanes-Oxley whistleblower protections for twelve years.

Click to access 2016-Annual-Update-on-the-Whistleblower-Provisions-of-SOX.pdf

Sarbanes-Oxley Whistleblower Protection Recent Developments

The update discusses recent developments under Section 806 of the Sarbanes-Oxley Act, including the trend of broader construction of SOX. Significant developments under the whistleblower protection provisions of SOX in 2015 include:

  • The Sixth Circuit’s decision in Rhineheimer v. U.S. Bancorp Investments, Inc., which Zuckerman Law discusses in a Law360 article entitled Sixth Circuit Hands A Landmark Victory To SOX Whistleblowers;
  • The ARB’s decision in Powers v. Union Pacific Railroad holding that a respondent’s affirmative defense evidence is, with rare exception, not to be taken into consideration at the initial causation stage and instead is reserved for proof by clear and convincing evidence. Zuckerman Law analyzes Powers in this post, and filed an amicus curiae brief in Powers on behalf of whistleblower rights organizations and the National Employment Lawyers Association;
  • Large jury verdicts in SOX cases, including a $1.6M jury verdict that a SOX whistleblower secured in Perez v. Progenics Pharmaceuticals; and
  • Decisions clarifying important procedural issues, including the pleading standard governing SOX claims, the addition of claims and parties when a SOX claim is removed to federal court, and the limitations period for removing a SOX claim to federal court.

The editors of the 2015 update are David Marshall of Katz, Marshall & Banks, LLP and Harry W. Wellford, Jr.  of Littler Mendelson, P.C.  The other co-authors are Emilie Adams and Connie Bertram of Proskauer Rose, LLP, Alison Asarnow, Katz, Marshall & Banks, LLP, Cori K. Garland of Littler Mendelson, P.C., Jay P. Lechner of Jackson Lewis, LLP, and Daniel P. Westman of Morrison & Foerster, LLP.

Experienced Sarbanes-Oxley Whistleblower Attorneys

The whistleblower lawyers at Zuckerman Law have substantial experience litigating Sarbanes Oxley whistleblower retaliation claims.  To learn more about corporate whistleblower protections, see our Sarbanes-Oxley Whistleblower Protection FAQ.

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Click here to read client testimonials about the firm’s work in SOX whistleblower and other employment-related litigation.  To schedule a free preliminary consultation, click here or call us at 202-262-8959.

Sarbanes-Oxley whistleblower protection law

Jason Zuckerman, Principal of Zuckerman Law, litigates whistleblower retaliation, qui tam, wrongful discharge, and other employment-related claims. He is rated 10 out of 10 by Avvo, was recognized by Washingtonian magazine as a “Top Whistleblower Lawyer” in 2015 and selected by his peers to be included in The Best Lawyers in America® and in SuperLawyers.